f your child has been injured due to someone’s negligence, you may have the ability to obtain compensation. Contact Madison Law Group for a free case review today to see how we can help.
If you have children, then you know that seeing your child injured and in pain is one of the worst feelings imaginable. You do everything in your power to keep your baby safe, and you try to teach them to make good decisions that will protect them from situations that are out of your control.
Unfortunately, no matter how hard you try, you simply cannot protect your child every second of every day. Accidents are going to happen, and when they do, you need to work with an experienced Long Beach child injury lawyer to help your child and your family recover and move forward.
At Madison Law Group, we are dedicated to representing families that have a child who was injured due to negligence. We handle every kind of child injury case, from motor vehicle accidents to defective product accidents, and we help families obtain full and fair financial compensation for all kinds of traumatic injuries.
As a mom or dad, protecting your child’s rights after an accident is imperative. Your child’s medical care and treatment are most likely going to be expensive, and the injuries your child sustains could possibly affect the rest of their life. Our Long Beach child injury lawyers know the laws surrounding child injuries in California, and we are prepared to take whatever actions are necessary to ensure that you and your child get the compensation that you are entitled to.
Our personal injury law firm represents children who have been injured in negligence-based accidents. We are available to answer all of your questions regarding the legal process and identify the best course of action for your situation. We work on a contingency fee basis, meaning that you pay no fees whatsoever unless we are successful in recovering equitable compensation on your child’s behalf either through a jury verdict or settlement.
Let Madison Law Group fight to protect your child’s right to financial compensation. Call our Long Beach law offices at (213) 652-6534 or fill out the contact form on our firm’s website to schedule your free case evaluation with an experienced Long Beach child injury lawyer today.
California Child Injury Facts
Children are more prone to serious injuries than adults for a number of reasons. Namely, they do not have the life experience and maturity that an adult has, and they are still learning how to exercise common sense and how to identify and avoid potentially hazardous situations. Children are reliant on adults to ensure that their environment is safe. As adults and parents, we unfortunately can only do so much to protect our children. We are unfortunately at the mercy of people who sometimes exhibit negligence, such as reckless drivers on the road and manufacturers of defective products.
The Centers for Disease Control and Prevention reported that in the United States, automobile accidents are the leading source of injuries and fatalities among children. The National Highway Traffic Safety Administration has estimated that four children are killed and an additional 556 are injured every day on average due to motor vehicle accidents.
Water-based accidents, fires, playground injuries, and accidental poisonings also occur with alarming frequency. The National Safety Council published statistics showing that more than 200,000 children are admitted to hospital emergency rooms every year nationwide due to playground accidents, and for every child who drowns, three more sustain non-fatal submersion-related injuries.
Traumatic brain injuries are another common child injury. These can be the result of a jolt or blow to the child’s head or a penetrating head injury. Traumatic brain injuries in young children lead to more than 435,000 emergency room admissions every year, and roughly 37,000 hospitalizations.
Another study showed that 12,175 children between the ages of 0 and 19 died every year nationwide from unintentional injuries. The three main accident types that result in these childhood fatalities are motor vehicle accidents, bicycle accidents, and pedestrian accidents. The leading causes of accidental deaths in children between one and four years old are drowning and suffocation.
In just the state of California, an average of 35,277 children and teens are admitted to hospital emergency rooms every single year. Research has shown that different age groups are more vulnerable to specific injuries. For instance, the US National Library of Medicine and National Institutes of Health reported that children between the ages of five years old and nine years old are injured the most frequently in playground accidents. The primary cause of injuries in teenagers is related to traffic accidents.
We Represent Families in All Types of Child Injury Cases
There are many different kinds of accidents that can cause serious traumatic injuries to children. Due to the fact that their bodies are not done growing, a child’s tendons, ligaments, and bones are extremely susceptible to being torn, broken, or sprained if they should be involved in a fall or a collision. Also, a child’s brain is more vulnerable to trauma. Regrettably, this means that a child can easily sustain permanent cognitive or physical disabilities caused by events that are beyond their or their parents’ control.
Our attorneys represent families in all types of child injury cases no matter what the cause. A few examples of the kinds of child injury cases we have handled are:
- Motor vehicle accidents
- Pedestrian and bicycle accidents
- Trips, slips, and falls
- Swimming pool accidents
- Playground accidents
- Furniture tip-over accidents
- Sporting accidents, including concussions
- Negligent supervision incidents at school or daycare
- Defective cribs, malfunctioning toys, and other product liability accidents
- Sexual and physical abuse
Based on the events surrounding your child’s accident, more than one party could potentially be liable for their injuries. When you choose the Madison Law Group to advocate for your family, our Long Beach personal injury attorneys will fully investigate your child’s accident and the cause of their injuries, and correctly identify all liable parties. We will also work with your family to learn the monetary and non-monetary costs of your child’s damages. We will put our considerable experience to work for you during settlement negotiations and, should it become necessary, courtroom litigation, in order to seek full and fair financial compensation on behalf of your injured child.
Child Injuries Due to Playground, Daycare, and School Accidents
A lot of child injuries take place at playgrounds, daycare centers, and schools. Private schools, public school districts, municipalities, daycare center operators, and private entities that own playgrounds have a legal duty to make sure that their premises are maintained in a reasonably safe condition for children to enjoy. Although even the most conscientious of proprietors cannot plausibly be expected to prevent every single accident, their required diligence is expected to prevent most of them.
If your child was injured at a playground, daycare center, or school, an important first step in the process of recovering compensation is determining exactly who is liable. This is essential since, if your family is going to pursue a claim against a government agency, special deadlines and rules apply, and it will be even more crucial for you to take action as quickly as possible.
In fact, prompt action is vital to recovering the maximum amount of compensation in any injury case. If your child sustained an injury during a playground, daycare, or schoolyard accident, we suggest that you reach out to a qualified Long Beach child injury lawyer as soon as possible.
Child Injuries Due to Dog Bites, Swimming Pools, and Other Neighborhood Dangers
The neighbor’s dog, the community swimming pool, and various other neighborhood hazards also pose the risk of severe injuries to children. Much like accidents that happen at playgrounds, daycare centers, and schools, it is essential to thoroughly investigate any accidents that take place in your neighborhood or local community as quickly as possible. Generally speaking, homeowners’ insurance policies cover these kinds of incidents, and obtaining financial recovery for the injury of your child will almost certainly involve having to negotiate a settlement with the at-fault party’s insurance carrier, something that an experienced attorney will be more than capable of handling.
Child Injuries Due to Car Accidents
One of the leading causes of traumatic child injuries is traffic accidents. This includes accidents involving two or more vehicles as well as accidents involving children who are walking or riding bikes. Even though children are much more susceptible to being severely injured in traffic accidents, and are easier to overlook on sidewalks and roadways, parents should still pursue the maximum amount of financial compensation when a reckless or negligent motorist injures their child. Motorists have a duty to other drivers as well as pedestrians, including children, to drive safely and not bring harm to anyone around them, whether on the road or walking.
In order to achieve a successful result to your child’s injury claim, it is essential for you to hire a skilled Long Beach child injury lawyer. Proving your child’s damages is going to be challenging, and the insurance company will have little to no sympathy for your child’s situation. At Madison Law Group, our attorneys will use their experience and knowledge to show exactly how much money your family deserves to receive for compensation, and they will fight tenaciously to ensure that you and your injured child get every single penny the law entitles you to.
Child Injuries Due to Defective and Dangerous Products
Defective and dangerous products are the cause of a surprising number of injuries to children every single year. Even though manufacturers and product designers are legally obligated to make sure their products are reasonably safe to use, the reality is that defective and dangerous products are sold by irresponsible companies all the time.
Children can be severely injured in many different kinds of accidents related to defective and dangerous products. For instance, a considerable amount of child injury claims deal with furniture tipping over. To ensure your child’s safety, bookshelves, dressers, entertainment centers, and most other types of furniture must either be sold with wall anchors that prevent the furniture from tipping over should a child pull or climb on them, or be designed and weighted in such a way as to prevent them from being able to fall.
Defective and dangerous playground equipment, sporting goods, electronics, toys, and numerous other products that are designed for children are some other common causes of serious child injuries as well. The same can be said of household appliances, cleaners, and many other products that are created, designed, and manufactured without a single thought given to the dangers they pose to children.
Child Injuries Due to Athletic Events, Sports, and Other Activities
In most cases, the family of an injured child is eligible to receive financial compensation for any injuries they sustained during an athletic event, sports, or other activity. In terms of who can be held liable, the answer will hinge on the specific facts of the child’s accident. Coaches, teammates, sports facilities, product manufacturers, and trainers are all potential defendants. The success or failure of your claim will depend on correctly pinpointing the person, persons, or company that had a legal obligation to reasonably ensure the safety of your child.
Although sports-related accidents can result in almost any type of injury, concussions are especially common. If your child is showing signs of being concussed or of having any other kind of brain or head injury after a sports-related accident, you need to get them immediate medical attention and contact a professional Long Beach brain injury attorney for help.
What Are My Rights if My Child Was Hurt Playing Sports?
Participating in sporting events does come with some accepted risks. If, however, your child was injured while participating in a school or recreational sporting event, it is in your best interests to consult with a lawyer as soon as you are able to do so and find out what your legal options are. There are many sets of circumstances that could make a team leader, captain, or the organization they represent liable for any injuries sustained by children who played sports under their care. When an injury is caused by another person’s negligent actions, you and your injured child are entitled to bring legal action and pursue financial compensation for your physical injuries and other related damages.
Can I File a Lawsuit if I Signed a Waiver?
While a waiver does offer certain protections under specific sets of circumstances, it is not an absolute shield from liability. Even if you did sign a waiver, you may still be eligible to collect financial compensation on behalf of your injured child. During your free case review, our lawyers will meticulously examine any documents you may have signed and offer you straightforward details regarding what your legal options are from this point forward.
Is There Anything I Can Do If My Child Was Injured by Another Child?
Children, whether accidentally or on purpose, sometimes hurt other children. However, unlike an adult, strict liability does not apply to children under most circumstances. This is the case even if the child who caused the injury did so willfully or deliberately. The parents of the child who caused the injury or the person who was responsible for that child when the injury occurred may be held responsible, but that is rare. The surest way to learn whether or not you can seek monetary justice for the injury to your child is by allowing a Long Beach child injury lawyer from Madison Law Firm to examine your case.
We Also Handle Negligent Supervision Claims
Negligent supervision is a frequently-discussed topic in personal injury cases involving children. A daycare center, school, or another caretaker could be found liable if they failed to control or monitor a child’s actions. Basically, if a jury or judge feels that a child’s accident could have been avoided if their caregiver had taken reasonable precautions, then the injured child’s family may be awarded compensation. For example, if a teacher could have prevented an accident on the playground but failed to do so because she was not physically watching the kids, then they could be held responsible.
Preventing Child Injuries
Although accidents involving children can are sometimes beyond anyone’s control, the fact is, most of the time the injuries or deaths are due to someone’s negligence. As adults we should all take all preventative or safety measures we can to keep our kids safe. Children are not fully grown yet, so any injuries they sustain can be life-threatening and have a serious impact on the rest of their lives. Depending on your circumstances and location, there are some steps you can take to help protect children from unnecessary and avoidable accidents, including:
- Never leave your children unattended
- Enclose any sort of attractive nuisance, such as a swimming pool, with a fence and a gate that locks
- Make sure your child is playing in a safe area that is meant for children to play in
- Hazardous items, such as chemicals and sharp objects, should be placed well out of reach or under lock and key
- Make sure that your home is equipped with working smoke detectors and carbon monoxide detectors. Replace the batteries once a year or as needed.
- Use a newer-model car seat that is appropriate for your child’s height and weight
Just because it is not possible to prevent 100% of child accidents does not mean there is nothing you can do to lower the odds of one happening. It is everyone’s responsibility to take all necessary measures to keep children safe.
Common Child Injuries in Long Beach
As popular as the phrase “children are resilient” is, it is not a foregone conclusion that an injured child will recover better or faster than an adult with the same injury. Instead, where young children are concerned, it can takes several years to fully understand the true impacts that their injuries have had on them as they continue to develop and grow.
Some of the most common injuries sustained by children in Long Beach and throughout California include:
- Brain injuries and spinal cord injuries: Together, the spinal cord and the brain comprise the central nervous system. The brain depends on the spinal cord to operate as a messenger, carrying messages back and forth to various parts of the body. These messages, which are actually electrical impulses, control and regulate the body’s involuntary responses and functions. An injury occurring to either the spinal cord or the brain comes with a high probability of leading to a permanent disability that could hinder your child’s ability to advance in school, obtain rewarding and lucrative employment as an adult, or manage routine personal tasks on their own. Falls from a height and traffic collisions cause the majority of spinal cord injuries and traumatic brain injuries in children, while hypoxic or anoxic brain injuries are caused by a lack of oxygen to the brain as is with suffocation, drowning, and near-drowning.
- Burns: Burns are serious injuries which can result in permanent scarring or disfigurement and lead to massive, life-threatening infections down the road.
- Broken bones: Although the majority of broken bones heal within a few months, complications often arise, such a bone infections if the injury was penetrating, severe chronic pain, and a loss of range of motion in the associated limb.
- Internal organ damage: An injury to any of a child’s internal organs could lead to catastrophic blood loss, a hemorrhage, a total loss of function of the affected organ, and even death. Even though motor vehicle collisions, including those involving pedestrians or bike riders, are the leading cause of this kind of injury, a child can also experience internal injuries if they fall from a height or are squeezed or trapped in a tight space.
- Soft tissue damage: Common soft tissue injuries include damage to the tendons, joints, or muscles usually resulting from a car accident or a fall.
No matter what type of injury your child has endured, we encourage you to schedule a free consultation with an experienced Long Beach child injury lawyer today.
The Consequences of Childhood Injuries
The consequences of a childhood injury can be extensive for both the injured child themselves as well as their family members. The injured child could be forced to live with disfigurement or a permanent disability. Having injuries properly treated and cared for can also produce substantial medical bills. Due to the fact that children are still developing, future medical expenses are a particular point of concern when they are seriously injured. Emotional trauma could also give rise to the need for professional help.
Along with the pain and suffering brought on by their injury, there will be added financial stress caused by missing school, making a private tutor necessary to help them catch up. In some cases, the injured child might need to adapt to new learning strategies in order to compensate for a new disability. The child’s injuries might also inhibit their earning potential as adults.
For their parents, managing their child’s medical care, and having to deal with insurance companies and medical bills can place them under a lot of undue stress, particularly if they had to take a lot of time off of work. When all is said and done, a childhood injury can cause financial, emotional, and physical strains that will greatly impact the whole family.
What Damages is My Injured Child Entitled to in Long Beach?
Evey child injury case is unique and occurs under a distinct set of circumstances. That being said, the Long Beach child injury lawyers at Madison Law Group may be able to collect damages that include:
- Current and anticipated medical expenses
- Pain, suffering, and inconvenience
- Permanent scarring or disfigurement
- Loss of enjoyment or reduced quality of life
- Mental trauma, anxiety, and grief
- Lost wages – although your child most likely does not contribute to the household income, you have probably had to take a significant amount of time off of work in order to care for them, attend doctor’s appointments, etc. You are entitled to be compensated for this.
- Loss of future income or diminished or lost earning capacity
Every injured child’s case is different, and every jury verdict or settlement is different, but by working with a reputable attorney from Madison Law Group, you can rest assured that you and your child are receiving the best legal representation available. We will fight tirelessly to make sure that you recieve the maximum amount of financial compensation available to you under California law.
How Do Child Injury Settlements Work?
The state of California does not permit persons under 18 years of age to file lawsuits, regardless of the situation. If you choose to file a personal injury claim on behalf of your injured child and then decide to accept the settlement that is offered by the at-fault party’s insurance company, it will not take effect without the appointment of a guardian ad litem as well as undergoing a court review. A guardian ad litem is a person assigned by the court to ensure that any settlement award is in the best interests of the child.
When a minor’s claim is settled it is said to be compromised. Those who are entitled to file a minor’s compromise include either parent if both reside with the child, the parent who has legal custody, or the guardian ad litem that was appointed by the court to make sure that any action taken is in the child’s best interests.
Other settlement provisions state that any settlement agreements made on the child’s behalf have to include an account in which to deposit their compensation.
Settlement proceeds will be deposited into an account that is blocked until the minor reaches their 18th birthday. With a blocked account, access to the money can only be granted by a court order. A special needs trust can supply the funds for a permanently injured minor without endangering the compensation they could collect from Social Security Disability as an adult.
Another option is to put the money in a settlement trust until the minor comes of age. A 529 account is an acceptable option if you want your child to have the money available for college. Finally, you can also choose to receive the money as a structured settlement if you would like your child’s money broken up into payments and spread out over a predetermined number of years.
Very rarely is a settlement award allocated directly to the injured child’s parent, caretaker, or guardian. This usually only occurs if their settlement award is less than $20,000. If you need the money right away for expenses directly related to your child’s injury, the Madison Law Group can help you achieve compensation and set up its distribution in a way that works best for you and your child.
Contact a Long Beach Child Injury Lawyer
After a child has been injured in an accident, it is not unusual for their parents to be upset, panicked, and have no idea where to turn for help. Talking to a qualified Long Beach child injury lawyer can help mitigate the financial and emotional hurdles the accident created. Many personal injury attorneys have neither the resources nor the skills necessary to correctly file and aggressively litigate these types of cases, while others just want to make their money by encouraging you to agree to a quick settlement arrangement that does not begin to properly compensate your child. For this and multiple other reasons, if your child was seriously injured because of another person’s negligence, you should consult with a Long Beach personal injury attorney as soon as possible.